Науковий вісник Національної академії внутрішніх справ (Jun 2021)
Criminal-Legal Characteristics of Violent Crimes Against Sexual Freedom and Sexual Integrity of the Child
Abstract
The purpose of this article analyzes the scientific views on the application of legislation on criminal liability for violent crimes against sexual freedom and sexual integrity of the child, taking into account the implementation of Council of Europe conventions. Methodology. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of research. The research used a dialectical method of scientific knowledge of socio-legal phenomena in their contradictions, development and changes, which allows to objectively assess the distribution of sexual crimes against sexual freedom and sexual integrity of the child; formal-logical method, by means of which the elements of the legal mechanism of sexual criminal offenses against sexual freedom and sexual integrity of the child are revealed; comparative law method was used in the analysis of current legislation and international regulations. The theoretical basis of the publication were the works of domestic and foreign scholars on aspects of sexual criminal offenses against sexual freedom and sexual integrity of the child. Scientific novelty. The author distributes sexual criminal offenses against sexual freedom and sexual integrity of a child and provides a criminal description of objective and subjective signs of violent crimes against sexual freedom and sexual integrity of a child (Articles 152, 153 of the Criminal Code of Ukraine). Conclusions. It has been established that the main direct object of these crimes is the sexual integrity of a child, ie the absolute prohibition of sexual intercourse with a person who is not a holder of sexual freedom, contrary to the true will of such a person or ignoring him. It has been established that “sexual freedom” and “sexual inviolability” are criminal law categories that have an independent character. Sexual integrity is a person’s right not to be sexually abused, the right to protection from sexual assault (passive right), and sexual freedom is the right to choose sexual partners and forms of sexual conduct not prohibited by law. From a subjective point of view, all crimes against the sexual integrity of a child are characterized by direct intent. At the same time, the mental attitude of the perpetrator to the age of the victim may take the form of a careless form of guilt. Attention is drawn to the inconsistency of the qualified corpus delicti provided for in Part 4 of Art. 152 and Part 4 of Art. 153 of the Criminal Code of Ukraine, the main components of these crimes on the presence of voluntary consent of a minor and the proposed criminal law ways to eliminate identified legal inconsistencies, in particular: refusal of a sign of qualified corpus delicti under Part 4 of Art. 152 and Part 4 of Art. 153 of the Criminal Code of Ukraine, formulated as “regardless of her voluntary consent” with the simultaneous transfer of responsibility for (voluntary) sexual intercourse with a minor to Art. 155 of the Criminal Code of Ukraine; elimination of a sign of violence in the criminal-legal characteristic of actions of sexual character provided by Art. 153 of the Criminal Code of Ukraine
